Delhi High Court - Orders
Jawahar Singh vs The State (Nct Of Delhi ) on 19 February, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1936/2020
JAWAHAR SINGH ..... Petitioner
Represented by: Mr.Jai Dev Sharma, Advocate.
versus
THE STATE (NCT OF DELHI ) ..... Respondent
Represented by: Mr.Amit Gupta, APP for State with
SI Vikas Kumar Pilania, PS DIU,
Dwarka.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 19.02.2021 The hearing has been conducted through Video Conferencing.
1. By this petition, petitioner seeks regular bail in case FIR No.265/2016 under Sections 420/467/468/471/34 IPC registered at PS Dabri, Delhi.
2. Learned counsel for the petitioner states that the FIR in question was registered in the year 2016 and the petitioner was joining the investigation regularly when all of a sudden he was arrested on 18th October, 2019 and since then he is in custody. The allegations against the petitioner are false and fabricated, that the charge sheet has since been filed and the petitioner will be available for trial.
3. The above noted FIR was registered on the complaint of one Sushil Kumar, who stated that Jagdish, Jawahar Singh and Ashok Sharma have cheated them on the pretext of allotting DDA flats in their name and grabbed huge amount of money from the victims by showing fake website, that is, www.sandjimdb.org and www.samdjmbd.org and sought legal action.
Signature Not VerifiedBAIL APPLN. 1936/2020 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:20.02.2021 09:05:37
4. During the course of investigation it was revealed that the petitioner was the President of the Society named 'Delhi Jhuggi Jhopdi Ekta Manch and due to which he used to frequently interact with the people residing in the slums and JJ clusters in Delhi as well as had access to the State Government Departments working for rehabilitation of displaced JJ Dwellers. The petitioner in association with co-accused Mahesh Sahu hatched a conspiracy for earning quick money on the pretext of helping innocent JJ dwellers with the allotment of alternative dwellings.
5. Learned APP for the State on instructions submits that besides the complainant, statements of 11 other victims have been recorded and from each of the victims, the petitioner and the co-accused demanded and took around ₹2 to 4 lakhs on the pretext that they would get flats, however, the same was all based on the forged and fabricated documents from the State Departments, MCD receipts etc. During the course of investigation 50 original DDs and challans were seized amounting to ₹28,13,289/- which was unauthorisedly sought to be deposited.
6. Co-accused Mahesh Sahu has settled the matter with the victims for the reason ₹24 lakhs have been paid by the said accused. Though as per the status report it is claimed that approximately 342 persons were lured however, despite the investigation pending since the year 2016 only the complainant and 11 other victims have come forward to give their statements regarding the cheating by the petitioner and the co-accused. As per the status report filed there are five other FIRs of the year 2017 and eight complaints under Section 200 Cr.P.C. against the petitioner on similar allegations however, learned counsel for the petitioner states that till date the petitioner has not been arrested in any of the FIRs and nor summoned in any Signature Not Verified BAIL APPLN. 1936/2020 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:20.02.2021 09:05:37 of the complaint case.
7. Be that as it may, since in the FIR in question, that is, FIR No.265/2916 under Sections 420/467/468/471/34 IPC registered at PS Dabri, Delhi statements of the complainant and 11 other victims have been recorded by the Investigating Agency and that the petitioner is in judicial custody since 18th October, 2019, this Court deems it fit to grant regular bail to the petitioner.
8. It is, therefore, directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹1 lakhs with one surety of the like amount, which surety would be a family member of the petitioner, subject to the satisfaction of the learned Trial Court, further subject to the condition that the petitioner will not leave the country without prior permission of the court concerned and in case of change of mobile number and/or the residential address of the petitioner, the same will be intimated to the court concerned by way of an affidavit.
9. Petition is disposed of.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
FEBRUARY 19, 2021 'vn' Signature Not Verified BAIL APPLN. 1936/2020 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:20.02.2021 09:05:37